Opinion
Index 304447/09 10273
11-07-2019
Stacy SONKIN, Plaintiff–Respondent, v. Paul SONKIN, Defendant–Appellant.
Paul Sonkin, appellant pro se. The Isaacs Firm PLLC, New York (Randi S. Isaacs of counsel), for respondent.
Paul Sonkin, appellant pro se.
The Isaacs Firm PLLC, New York (Randi S. Isaacs of counsel), for respondent.
Richter, J.P., Webber, Gesmer, Oing, JJ.
Order, Supreme Court, New York County (Lori S. Sattler, J.), entered December 20, 2018, which, insofar as appealed from, granted plaintiff wife's motion for an award of attorneys' fees to the extent of directing defendant husband to pay the wife's counsel $50,000 within 60 days, unanimously affirmed, without costs. After successfully defending two prior motions by the husband for downward modification of his support obligations and a plenary action to vacate the judgment of divorce (see 157 A.D.3d 414, 68 N.Y.S.3d 431 [1st Dept. 2018], lv denied 32 N.Y.3d 904, 2018 WL 4355100 [2018] ), the wife moved to enforce certain obligations under the parties' stipulation of settlement and for an award of approximately $200,000 in attorneys' fees under the stipulation of settlement and/or Domestic Relations Law §§ 237(b) and 238. The husband does not dispute that the wife was entitled to counsel fees incurred in connection with her defense of his appeal from the dismissal of his plenary action under the plain terms of the parties' stipulation (see Rainbow v. Swisher, 72 N.Y.2d 106, 109, 531 N.Y.S.2d 775, 527 N.E.2d 258 [1988] ). Under the circumstances, the motion court, being fully familiar with the underlying proceedings, appropriately determined without further hearing that the amount of fees sought, as supported by counsel's detailed billing statements, was reasonable. It is noted that the award reflected a significant reduction in the amount of fees sought by the wife (see Wolman v. Shouela, 171 A.D.3d 664, 99 N.Y.S.3d 276 [1st Dept. 2019] ). We have considered the husband's remaining contentions and find them unavailing.